The Limits of Collection and Use of Personal Credit Information

Abstract：There are different regulations on the collection and use of personal credit information.The concept behind the establishment of a credible society and the promotion of integrity is reflected.The importance of social credit is well known，but there are possibilities for excessive collection and use in the means and methods of realizing social credit.To this end，it is necessary to introduce the principle of proportionality in social credit legislation，highlight the important role of the principle of proportionality in protecting the personal information of relatives，and legally achieve the legislative purpose of creating a credible society.

Key words：personal credit information；proportionality principle；social credit；legislation

In the actual legislation，there are corresponding regulations on the collection and use of personal credit information，but some provisions provide a convenient door for the abuse of personal social credit information.Specifically，it is mainly reflected in the following aspects： First，the scope of personal credit information.The second is the use of personal credit information.The third is the preservation of personal credit information.In order to solve these problems in an integrated manner，it is necessary to demonstrate the value of the principle of proportionality so that it can be implemented consistently in the process of solving these problems to avoid violations of the legitimate rights and interests of individuals.

On the issue of the scope of personal credit information，local regulations have a generalization trend.Taking the “Shanghai Municipal Social Credit Regulations” as an example，the second article stipulates the definition of social credit information，“is objective data and information that can be used to identify，analyze，and judge the compliance and compliance status of information subjects.” Undoubtedly this kind of data is very much，and choose which ones do not choose which ones have operational space.To this end，it is necessary to refer to the classic cases across the country and use the principle of proportionality to measure.What needs to be pointed out in particular is that it is not appropriate to collect all relevant information without any particularty，and the necessity of social public interest should be taken as the criterion.

In the use of personal credit information，it is mainly the scope of joint punishment.According to the principle of proportionality，the purpose and means should be proportional and should not cause undue harm.However，the current scope of joint disciplinary punishment is too broad，and it involves the issue of secondary punishment and even multiple punishments.To this end，because a dishonest behavior may affect individuals’ education，travel，and house purchases.The author believes that the scope of joint punishment should be related to the content of the letter of loss，and should not be excessively disciplinary.

In terms of the storage of personal credit information，the current time limit is mainly stipulated in various places.If the time limit expires，it will not be announced to the public.It should be noted that the storage of personal credit information involves the issue of information security，and thus the protection of the relative rights and interests.Therefore，it is necessary to consider the social harmfulness degree of different untrustworthy behaviors，and specify the personal credit information separately.The retention period and the deadline for deletion.In this way，on the one hand，it helps the relatives to rehabilitate themselves，on the other hand，it is also conducive to the creation of a social integrity atmosphere.

In short，in the collection and use of personal credit information，we must fully recognize the important value of the principle of proportionality，and realize the specific requirements of the principle of proportionality in all aspects of the collection and use of personal credit information，so as to realize the legal and proper realization of the construction of a credible society.

作者簡介

高盈盈（1992.01.26—），性別：女；民族：漢族；籍貫：山東省菏澤市牡丹區(qū)；學歷：碩士研究生；單位：青島大學；研究方向：憲法學與行政法學。